In the majority of Sequestrations where the debtor has assets, these will include the debtor's home (see Practice Note: Scotland: the process for applying for sequestration). In many cases, this will be the only asset which the debtor owns, either solely or in common with a third party, normally a spouse or partner. For a glossary of commonly used Scottish Insolvency terms, see Practice Note: Glossary of Scottish insolvency words and expressions.

The trustee is under an obligation to realise that interest in order that it can be distributed among the debtor's creditors. Trustees prefer to avoid the inconvenience and expense of having to evict debtors and their families and then having to market and sell their homes. They would much prefer that the debtor or a third party buys out their interest and will, wherever possible, try to engage with the debtor to explore whether or not such an offer might be forthcoming.

In many cases, the debtor is unwilling